ESSEX COUNTY COLLEGE



ESSEX COUNTY COLLEGESocial Sciences DivisionCJI 204 – EvidenceCourse OutlineCourse Number & Name:? CJI 204 Evidence Credit Hours: 3.0 Contact Hours: 3.0Lecture: 3.0Lab: N/AOther: N/APrerequisites:? Grade of “C” or better in CJI 101 or LAS 101 or LAS 106Co-requisites: NoneConcurrent Courses: NoneCourse Outline Revision Date:? Fall 2010Course Description: This course surveys the basic rules of evidence important to law enforcement personnel and criminal justice students. It includes a study of the applicable amendments to the Constitution, landmark Supreme Court decisions, the Federal Rules of Evidence, hearsay, and recent changes in the rules of evidence at the federal and state levels. Students are required to complete a field assignment involving in-court observations.Course Goals: Upon successful completion of this course, students should be able to do the following:define the difference between evidence in criminal court cases and civil court cases especially as it relates to burden of proof issues;evaluate what constitutes appropriate and admissible evidence in criminal investigation;categorize the various types of evidence usually found at the scene of a crime and describe generally accepted methods of collection;describe the types of criminal evidence (e.g., direct, circumstantial, etc.) currently allowed in both federal and state courts;explain the federal rules of evidence as they apply to criminal cases and explain how to find state rules of evidence; identify and explain basic concepts and terms of criminal evidence; demonstrate critical thinking skills within the context of evaluating the complexity of evidence issues; andcommunicate effectively with accurate ‘criminal justice’ terminology in written and/or oral form.Measurable Course Performance Objectives (MPOs): Upon successful completion of this course, students should specifically be able to do the following:Define the difference between evidence in criminal court cases and civil court cases especially as it relates to burden of proof issues:1.1explain the difference between evidence in criminal court cases and civil court cases regarding burden of proof;1.2explain the difference between evidence in criminal court cases and civil court cases regarding the jury verdict;1.3explain the necessity of different kinds of expert testimony;1.4discuss the primary goals of civil law and criminal law and explain how these goals are realized;1.5distinguish between substantive and procedural law; and1.6explain the importance of the due process clause in the criminal justice systemEvaluate what constitutes appropriate and admissible evidence in criminal investigation:2.1explain the exclusionary rule and exceptions to this rule;2.2explain the procedure for challenging admissibility;2.3explain the admissibility of statements;2.4explain the admissibility of identifications;2.5explain the “good faith” exception to the exclusionary rule;2.6describe what constitutes appropriate police conduct;2.7explain “inevitable discovery”;2.8discuss the Brady doctrine;2.9explain the conditions under which evidence is tainted; 2.10explain the importance of chain of custody;2.11outline the four major sources that may provide probable cause;2.12list the four elements that must be present for an arrest to take place;2.13list the four categories of items that can be seized by use of a search warrant;2.14explain when searches can be made without a warrant;2.15recite the Miranda warning;2.16indicate situations in which a Miranda warning is unnecessary; and2.17list the three basic types of police identificationCategorize the various types of evidence usually found at the scene of a crime and describe generally accepted methods of collection:3.1describe the nature of real evidence; 3.2explain the conditions under which real evidence is relevant;3.3explain the authentication procedure for real evidence;3.4describe how the chain of custody is preserved; and3.5describe how forensic experts use DNA fingerprinting to solve crimesDescribe the types of criminal evidence (e.g., direct, circumstantial, etc.) currently allowed in both federal and state courts:4.1identify real evidence and the necessary prerequisites for admissibility of this kind of evidence;explain the value of real evidencedemonstrate admitting real evidence using role playMeasurable Course Performance Objectives (MPOs) (continued):4.2identify demonstrative evidence and the necessary prerequisites for admissibility of this kind of evidence;explain the value of demonstrative evidencedescribe the nature of demonstrative evidenceexplain the prerequisites for photographic evidenceexplain the prerequisites for videotapes and motion picturesexplain the prerequisites for x-rays explain the prerequisites for modelsexplain the prerequisites for charts, maps. illustrations, and other drawingsexplain the prerequisites for miscellaneous demonstrative evidencedemonstrate admitting demonstrative evidence using role play4.3identify documentary evidence and the necessary prerequisites for admissibility of this kind of evidence;explain the rules of admissibility of documentary evidenceexplain the steps of authentication and identification of documentary evidencedemonstrate admitting documentary evidence using role play4.4identify lay witnesses and the necessary prerequisites for admissibility of this kind of evidence;explain the term “lay witness competency”describe the scope of lay testimonyexplain the ethical considerations involved in interviewing discuss the implications of various identification procedures describe the hearsay rule as it pertains to lay witnesses demonstrate preparing witnesses for litigation using role play4.5identify expert witnesses and the necessary prerequisites for admissibility of this kind of evidence; andexplain the nature of an expertexplain the admissibility of expert evidenceexplain the term “ultimate issue doctrine”describe the necessary qualifications of the expert demonstrate preparing an expert witness for trial using role play demonstrate the cross-examination and impeachment of an expert using role play4.6explain the use of admissions and stipulationsdescribe the pretrial evidentiary requestsexplain the nature, purpose, and effect of admissionsexplain stipulationsExplain the federal rules of evidence as they apply to criminal cases and explain how to find state rules of evidence:5.1explain the sources and content of evidence law;5.2describe the types and forms of evidence;5.3explain the burden of proof; and5.4explain the nature of evidenceMeasurable Course Performance Objectives (MPOs) (continued):6.Identify and explain basic concepts and terms of criminal evidence:6.1explain res geste statements;6.2explain presumptions and inferences;6.3explain character or reputation;6.4explain prior criminal acts; and6.5discuss conspiracy evidentiary issues7.Demonstrate critical thinking skills within the context of evaluating the complexity of evidence issues:7.1analyze a fact scenario and determine if the exclusionary rule applies;7.2analyze a fact scenario and determine if the items can be seized and whether a search warrant is required;7.3analyze a fact scenario and determine if Miranda warning is necessary;7.4analyze a fact scenario and determine if the identification is constitutionally valid;7.5discuss the primary elements of the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the US Constitution, and apply them to contemporary criminal justice events;7.6define the “best evidence rule” and apply it to hypothetical situations;7.7explain the “hearsay rule” and the common exceptions and apply it to hypothetical situations;7.8analyze the rules of evidence as they apply to the differences between “admissions” and “confessions”;7.9describe the significance of the “weight of evidence” for items obtained during a criminal investigation; and7.10use critical thinking and problem solving, focusing on the criminal justice system and analyzing information from multiple sources, including print and video municate effectively with accurate ‘criminal justice’ terminology in written and/or oral form:8.1utilize effective and persuasive communication skills in written and/or oral form; and8.2use accurate ‘criminal justice’ terminology in writings and oral presentationsMethods of Instruction: Instruction will consist of, but not be limited to, a combination of lectures, class discussions, multi-media presentations, group projects, the assignment of textbook readings and other resource material, case studies, demonstrations, and completion of various assessment instruments (a documented research paper, and both in-class and take-home tests and exams). Specific choice of instructional methods is left to the discretion of the instructor.Outcomes Assessment: Quiz and exam questions (if applicable) are blueprinted to course objectives. Checklist rubrics are used to evaluate non-test type assessment instruments, such as case studies, presentations, logs, journals, and papers, for the presence of course objectives. Data collected will be analyzed to provide direction for the improvement of instruction, viability of class assignments, relevancy of assigned literature, and evaluation of instructional time spent on specific topics. Course Requirements: All students are required to:Maintain regular attendance.Actively participate in class discussions and workshops.Read the recommended textbook and any other assigned resource plete all assigned homework on time. Complete all written assignments, including a research paper based on multiple source research gleaned from appropriate library sources and previously published internet sources. Complete an in-class midterm and final examination.Take all quizzes and exams when scheduled.Follow any specific class requirements mandated by the instructor.Methods of Evaluation: Final course grades will be computed as follows: % of Grading Components final course grade Attendance/Class Participation 5 – 15%Attendance points will be computed based on the ratio of the number of days attending the course during a regular semester (i.e., 28 contact days). A similar procedure will be used to determine participation points.Logs/Journals 10 – 15% Logs/Journals are written exercises designed to heighten student’s awareness of various events related to criminal justice that is experienced, observed, read, or viewed on television. Student must relate experiences to chapters either discussed/not discussed throughout the semester.Reaction Papers 15 – 20%Reaction papers are 3 – 5 page written exercises in which students read outside sources or statements supplied by the professor an discuss their “intellectual and emotional” reaction to the issue or author’s point of view, yet use critical thinking guidelines to take a position and support that position using scholarly literature, interviews and polling.Theme Papers 20 – 25%Theme papers are 3 – 5 page written exercises in which students discuss how taking the course has been personally meaningful, beneficial, and relevant to their future professional aspirations. References can be cited using scholarly journals, criminological, legal and law enforcement sources, or internet sites. Methods of Evaluation (continued): % of Grading Components final course grade Literature Reviews/Research Papers 10 – 20% Literature reviews/research papers are written exercise in which students must investigate a particular topic either in the textbook or assigned by the instructor that is related to the course objectives and conduct a review of the criminological literature, case law, or statues. Based on the literature review, students are required to develop a thesis/theme and draw conclusions on the topic researched. Introspective Theme Paper/Case Study Analysis 30 – 40% The introspective theme paper/case study analysis is a 7 – 10 page written exercise in which students integrate and synthesize concepts to perform an in-depth analysis and demonstrate relevance and admissibility of evidence. The students must analyze, synthesize, integrate, and demonstrate relevance of concepts to course objectives.Written/Oral Presentation Interview of Law Enforcement 15 – 25%Agency or Professional in the Field The written/oral presentation of the interview of the agency representative or legal professional requires the student to gather information and to determine its relevance to concepts and theories presented in class which are related to course objectives. Oral Presentations 15 – 20%Oral presentations are based on a topic either discussed/not discussed during the semester that is relevant to the study of criminal law or evidence and related to course objectives. The instructor may require a written outline to augment the oral presentation. Quizzes 10 – 15%Quizzes will provide evidence of the extent to which students have met course objectives.Exams, including Midterm and Final Exams 20 – 30%(number of exams and dates specified by the instructor) Exams will provide evidence of the extent to which students have mastered and synthesized course material and have met course objectives.Note: The instructor will determine (as appropriate) the specific components for the course and provide specific weights which lie in the above given ranges at the beginning of the semester. Academic Integrity: Dishonesty disrupts the search for truth that is inherent in the learning process and so devalues the purpose and the mission of the College. Academic dishonesty includes, but is not limited to, the following:plagiarism – the failure to acknowledge another writer’s words or ideas or to give proper credit to sources of information;cheating – knowingly obtaining or giving unauthorized information on any test/exam or any other academic assignment;interference – any interruption of the academic process that prevents others from the proper engagement in learning or teaching; andfraud – any act or instance of willful deceit or trickery.Violations of academic integrity will be dealt with by imposing appropriate sanctions. Sanctions for acts of academic dishonesty could include the resubmission of an assignment, failure of the test/exam, failure in the course, probation, suspension from the College, and even expulsion from the College.Student Code of Conduct: All students are expected to conduct themselves as responsible and considerate adults who respect the rights of others. Disruptive behavior will not be tolerated. All students are also expected to attend and be on time for all class meetings. No cell phones or similar electronic devices are permitted in class. Please refer to the Essex County College student handbook, Lifeline, for more specific information about the College’s Code of Conduct and attendance requirements.Course Content Outline: based on the text by Gardner, Thomas & Anderson, Terry (2009). Criminal Evidence: Principles and Cases (7th edition). Belmont, CA: Wadsworth, a division of Thomson.UnitTopic/Content ReadingsHistory and Development of the Law of Criminal Evidencech 1Important Aspects of the American Criminal Justice Systemch 2Using Evidence to Determine Guilt or Innocencech 3Direct and Circumstantial Evidence and the Use of Inferencesch 4Witnesses and the Testimony of Witnessesch 5Judicial Notice and Privileges of Witnessesch 6The Use of Hearsay in the Courtroomch 7Exceptions to the Hearsay Rulech 8The Exclusionary Rulech 9Where the Exclusionary Rule Does Not Applych 10Evidence is Admissible if Obtained During an Administrative Function Under the “Special Needs” of Governmentch 11Obtaining Statements and Confessions for Use as Evidencech 12The Law Governing Identification Evidencech 13Obtaining Physical and Other Evidencech 14Obtaining Evidence from Computers or by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alertch 15The Crime Scene, the Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidencech 16Videotapes, Photographs, Documents, and Writings as Evidencech 17Scientific Evidencech 18Note: In CJI 204, the instructor must cover the 18 units listed above minimally in any reasonable order throughout the duration of the semester/term. Also, the instructor may include additional areas based on his/her expertise and/or interest. ................
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